THE RESOLUTION OF THE NATIONAL AGENCY ON REGULATION IN POWER INDUSTRY OF THE REPUBLIC OF MOLDOVA

of April 19, 2019 No. 113

About approval of the Regulations on supply of natural gas

Based on Art. 85 of h (10), Art. 114 of h (22) the Law No. 108 of May 27, 2016 on natural gas (The official monitor of the Republic of Moldova, 2016, No. 193-203, the Art. 415), with subsequent changes, the Administrative board of the National agency on regulation in power DECIDES:

1. Approve Regulations on supply of natural gas it (is applied).

2. Declare invalid the Resolution of Administrative board of the National agency on regulation in power No. 415 of May 25, 2011 about approval of the Regulations on delivery and use of natural gas (The official monitor of the Republic of Moldova, 2011, No. 131-133, of the Art. of 1126), with subsequent changes, registered in the Ministry of Justice at No. 835 of August 3, 2011.

3. To impose control of application of the approved resolution on divisions of the National agency on regulation in power.

Approved by the Resolution of the NARE Administrative board of April 19, 2019 No. 113/2019

Regulations on supply of natural gas

Chapter I General provisions

Part 1. Scope

1. The regulations on supply of natural gas (the hereinafter referred to as Provision) aim at regulation of legal relations between the final consumer, the supplier and the system operator are relative:

1) supply of natural gas, including supply of natural gas by the supplier as a last resort and the supplier, having the obligation on supply of natural gas to the residential customer and, to small not residential customers, and also the companies and organizations providing the main social services in the context of obligations on rendering public services (further the supplier of public services);

2) the conclusions of agreements and invoicing of the consumed natural gas;

3) shutdowns, repeated connection of gas installations (gas devices) of final consumers, restriction and interruption of supply of natural gas;

4) qualities of service of gas supply;

5) considerations of claims and permission of disagreements and disputes between suppliers, operators of system and final consumers;

6) the tool for comparison of offers of suppliers.

2. This Provision is applied to final consumers, suppliers and operators of system to provide necessary conditions for supply of natural gas in places of consumption of final consumers.

3. Conditions of this provision are applied to each place of the consumption belonging to the final consumer separately. The final consumer can have one or more places of consumption.

Part 2. Concepts and determinations

4. In this Provision the concepts determined in the Natural Gas Act No. 108 of May 27, 2016 as well as the concepts determined as follows are used:

the warning of shutdown – the written notice sent by the supplier or the operator of system to the final consumer in whom the final consumer is warned about possible disconnection of its gas-using installation (gas devices) from network of natural gas;

contractual expense – the maximum amount of natural gas in standard condition which can be spent by the final consumer in unit of time on site of consumption, approved by the parties in case of the conclusion of the delivery agreement of natural gas;

wrong the invoice – the invoice on payment of the consumed natural gas in which are incorrectly (mistakenly) specified by the supplier amount of the consumed natural gas, the rate or cost of the consumed natural gas calculated on the basis of indications of the measuring equipment. The invoice, exposed on the basis of approximate calculations of the consumed natural gas, is not considered the wrong invoice;

the tool for comparison of offers - the information system which is managed by the Agency which collects structures and displays in available form of the data on offers of suppliers of natural gas for simplification of their objective comparison by final consumers on the terms of Item 871 of the Natural Gas Act No. 108/2016;

fixed price - the price which was established at the time of the conclusion of the delivery agreement of natural gas for certain term and which remains invariable during all duration of the agreement without possibility of its unilateral change by the supplier.

4-1. Suppliers of natural gas publish on the electronic page offers on supply of natural gas for final consumers. For the purpose of providing to the final consumer the supplier gratuitously gives opportunities to make the informed decision on the conclusion of the delivery agreement of natural gas to the final consumer information on the commercial conditions. The minimum obligatory contents of the offer on supply of the natural gas published by the supplier are specified in appendix No. 2-1.

4-2. For the conclusion of the delivery agreement of natural gas in the competition mode the final consumer can accept the standard offer published by the supplier of natural gas or can request the offer on commercial conditions and the price of delivery for their discussion.

Chapter II Supply of natural gas

Part 1. Conclusion of the agreement

5. Supply of natural gas is performed based on the delivery agreement of the natural gas signed between the final consumer and the supplier in accordance with the terms of this provision.

6. The final consumer has the right to sign the delivery agreement of natural gas with any supplier at the choice.

The price of the delivered natural gas makes a reservation the supplier and the final consumer, except for situations when the delivery agreement of natural gas is signed with the supplier of public service, and natural gas prices are approved by National regulation agency in power (further – the Agency).

Duration of the delivery agreement of natural gas shall be defined by the parties, except for terminations of the contract on supply of natural gas with the supplier as a last resort when the duration of the agreement on supply of natural gas does not exceed the period, stated in Article 90 of the Natural Gas Act.

6-1. The final consumer can sign delivery agreements of natural gas for certain term for 12 months at least and on fixed price. The principles, the procedure and requirements which need to be observed for the conclusion of contracts for certain term and on fixed price are specified in Section 1-1.

7. For ensuring supply of natural gas to the final consumer the supplier shall sign with operators of system the service provision agreement on transportation of natural gas, the service provision agreement on distribution of natural gas. Legal relations between the operator of system and the final consumer are regulated according to the Natural Gas Act, Regulations on connection to networks of natural gas and provision of services on the transfer and distribution of natural gas approved by the Agency the Resolution No. 112/2019 of April 19, 2019 (further – Regulations on connection), and other regulations, in case of need.

8. The supplier takes the responsibility for accomplishment of all the obligations in the natural gas market connected with supply of natural gas to places of consumption including concerning balancing of consumption of natural gas.

9. Physical person or legal entity, gas-using installations which are connected to gas network or which submitted the application for connection to network of natural gas and the satisfied conditions provided in the Provision on connection has the right to require the conclusion with the supplier of the delivery agreement of natural gas.

10. For the conclusion of the delivery agreement of natural gas the applicant, the potential residential customer, shall provide to the supplier the following documents / information:

1) the statement (which form is posted on the electronic website of the supplier or is provided by the supplier);

2) the copy of the document on the property right or the copy of the document confirming the corporeal right or right to use to the real estate which is the appropriate place of consumption;

3) copy of the identity certificate;

4) copy of the protocol on acceptance of gas-using installation (occasionally);

5) the statement under the personal liability for fidelity of the provided information, according to sample in appendix No. 4 to the Provision.

11. For the conclusion of the delivery agreement of natural gas the applicant, the potential not residential customer, shall provide to the supplier the following documents / information:

1) the statement (which form is provided by the supplier), in which the name, the address, phone, the fax, the e-mail address of the applicant are specified;

2) the copy of the document on the property right or the copy of the document confirming the corporeal right or right to use to the real estate which is the appropriate place of consumption;

3) the statement from the State register of legal entities and individual entrepreneurs issued by the Agency of the state services not later than 3 months before date of application, or the copy of other act confirming the activities implementation right depending on circumstances, fiscal code, the settlement account, the bank name through which the applicant makes payments;

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